Extract from Kadous, Colley, and Becker’s article “The Procedural Frontier of AI Litigation”
In one of the latest developments in artificial intelligence (AI) litigation, a U.S. Magistrate Judge issued a discovery order requiring OpenAI, a technology company that develops and deploys artificial intelligence models, to preserve all ChatGPT user logs. The order applied even to logs that users had previously deleted.
The ruling triggers ongoing debate over whether the judiciary exceeded its proper role by compelling a private technology platform to retain vast quantities of ephemeral user data, or whether the court simply intervened in a regulatory vacuum left by inaction from the legislative and executive branches.
As litigation involving AI systems continues to accelerate and comprehensive regulatory guidance remains lacking, courts are increasingly assuming a regulatory role as they shape de facto legal standards for discovery, data retention, and platform accountability through incremental, case-by-case adjudication.
In this week’s Saturday Seminar, scholars explore whether courts are becoming de facto AI regulators and the implications on civil procedure.
